Res 2015-093/Chapter 380 Economic Development Incentive Agreement with Tanger Properties Limited Partnership that provides incentives over ten years in an amount not to exceed $2,500,000.00 in the form of annual refunds of a portion of new property and s

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the City shall have 30 days to notify Tanger in writing of any questions that the City may have concerning any of the information in the Compliance Certificate, and Tanger shall diligently work in good faith to respond to such questions to the City's reasonable satisfaction. Section 6.03. Review of Records. Tanger agrees that the City will have the right to review the business records of Tanger that relate to its performance under this Agreement in order to determine Tanger's compliance with the terms of this Agreement. Such review shall occur at any reasonable time and upon at least seven days' prior notice to Tanger. To the extent reasonably possible, Tanger shall make all such records available in electronic form or otherwise available to be accessed through the internet. Section 6.04. Public Information. Subject to the requirements of the Texas Public Information Act (the "Act "), or order of a court of competent jurisdiction, Tanger may be required to disclose or make available to the City any information relating to this Agreement. Tanger agrees to cooperate with the City in response to any request for information under the Act or court order. The City will endeavor to provide Tanger with advance notice of any such request for information or court order so that Tanger may seek any relief to which Tanger believes it is entitled. The City's obligations under this Section do not impose a duty upon the City to challenge any court order or ruling of the Texas Attorney General to release information in response to a specific request for information under the Act. ARTICLE 7. REPRESENTATIONS AND WARRANTIES OF OWNER Section 7.01. Organization. Tanger is a duly organized, validly existing Limited Partnership, in good standing under the laws of the State of North Carolina and is authorized to conduct business or own real property in the State of Texas. The activities that Tanger proposes to carry on at the Site may lawfully be conducted by Tanger. Section 7.02. Authority. The execution, delivery and performance by Tanger of this Agreement are within Tanger's powers and have been duly authorized. Section 7.03. Valid and Binding Obligation. This Agreement is the legal, valid and binding obligation of Tanger, enforceable against Tanger in accordance with its terms except as limited by applicable relief, liquidation, conservatorship, bankruptcy, moratorium, rearrangement, insolvency, reorganization or similar laws affecting the rights or remedies of creditors generally, as in effect from time to time. Section 7.04. No Defaults. Tanger is not in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any agreement or instrument to which they are parties or by which they or any of their property is bound that would have any material adverse effect on Tanger's ability to perform under this Agreement. Section 7.05. Full Disclosure. Neither this Agreement nor any schedule or Exhibit attached hereto in connection with the negotiation of this Agreement contains any untrue statement of a material fact or omits to state any material fact necessary to keep the statements 9